In the Lahore High Court, Judicial Department has issued the order sheet dated 02 December, 2019 latest updates in connection with pay Pay Protection Case.
The only grievance of the Petitioner is that the Respondent No.1 is not implementing the judgment dated 02.04.2019 delivered by the Punjab Service Tribunal, Lahore whereby the matter has been referred to the said Respondent with a direction to finalize it on expeditious basis.
Learned counsel for the Petitioner submits that his client has approached the Respondent No.1 time and again for implementation of the aforesaid order of PST but he is not paying any heed to his request. He has placed reliance on the judgment reported as WAPDA through Chairman and others versus Raja Iftikhar Ahmed and others (2018 SCMR 394) wherein the Honorable supreme Court of Pakistan has held that if all the points, raised by the learned counsel for the Petitioners, have repeatedly been considered, addressed and rejected by the Service Tribunal as well as this Court then the same cannot be re-agitated and reopened for the umpteenth time and the attempt on the part of the Petitioners to do so seeks of Mala fide.
It constitutes denial of the fruits of justice and gross abuse of the process of this Court. We are disappointed shocked and perturbed by the conduct of the State functionaries, who have blatantly violated and consciously refused to implement the judgement of the Service Tribunal as well as this Court with impurity.
Such conduct must be deprecated in the strongest terms. It is the command of the constitution that all executive and judicial authorities throughout Pakistan are bound to act in aid of this court. Any failure to heed and implement this command cannot be taken lightly. Such conduct threatens to strike the very foundation of constitutionalism rule of law and administration of justice. He, at the end seeks a direction to the Respondent No.1 to implement the aforesaid judgement of PST, in accordance with law.
Learned Law Officer has no objection if such direction be issued to the Respondent No.1 put subject. to condition that if there is no stay order of the Hon’ble Supreme Court of Pakistan in the field.
In view of the above, this petition is disposed of with a direction to the Respondent No.1 to implement at the aforesaid judgement of the PST, strictly in light of the judgement of the Hon’ble Supreme Court, mentioned above, which is binding on him under Article 189 of the Constitution of Islamic Republic of Pakistan, 1973, expeditiously within a period of two weeks from the receipt of certified copy of this order.